The claimant alleged a breach of a share sale agreement, and sought information in advance of discovery.
Held: The court’s power to order information to be provided in anticipation of discovery was not to be used as a fishing expedition. The Gidrxsime case did not establish a free standing right to order disclosure. There must be shown a solid base for the court to exercise its powers. The bringing forward of general discovery would disturb the operation of the Rules.
Gabriel Moss QC
Times 10-Mar-2003, Gazette 17-Apr-2003
Civil Procedure Rules 25.1(1)(g)
England and Wales
Citing:
Cited – Gidrxsime Shipping Co Ltd v Tantomar Transporters Maritimos Ltd QBD 27-May-1994
The disclosure of papers which are outside the jurisdiction can be ordered within Mareva proceedings, and after judgment. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 22 January 2022; Ref: scu.180080
